SAKRAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 30.4.2007 passed by Additional Sessions Judge, (F. T. C.) Multai District Betul in S. T. No.91/2006. Trial Court found appellant guilty for commission of offence punishable under Section 302 of IPC and awarded sentence RI for life.

(2.) Prosecution story in brief is that on the date of incident i. e. on 22.3.2006 at around 9.00 O'clock in the night Ramdayal and Sadhu after taking meals were sitting in the courtyard of Sadhu Gond, wife of Sadhu Gond and mother of Ex. Sarpanch Chikki Bai were also sitting there. Appellant came from a street and inflicted 3-4 blows of knife on the body of the person of the deceased. The deceased cried, thereafter appellant ran away from the spot. The deceased was taken into a jeep to Athner and thereafter Betul. He was died on the way. On receiving information police registered a merg Ex. P.12 and thereafter FIR Ex. P.13. Police conducted investigation and after investigation filed the charge sheet. Appellant abjured guilt and pleaded innocence. Trial Court held guilty the appellant and convicted him as mentioned above.

(3.) Shri Pushpendra Dubey, learned counsel for the appellant has submitted that there is no evidence to held appellant guilty for commission of offence. In alternate learned counsel for the appellant has submitted that offence committed by the appellant would fall under Section 304-I of IPC. In support of his contentions, learned counsel for the appellant relied on the following judgments of the Apex Court: